23.1. The duty provided for in paragraph b of section 23 must be discharged by a group of not less than three members of the Commission. The group shall be composed of the president or the vice-president appointed pursuant to the second paragraph of section 58.1 of the Charter of human rights and freedoms (chapter C-12) and of members designated by the president, in the majority, from among persons appointed pursuant to the same paragraph.
However, the decision to hold an investigation, to file an application for the disclosure of information under the second paragraph of section 72.5 or to disclose information under the second paragraph of section 72.6 or under section 72.7 shall be made by the president or by a person designated by him from among the members of the Commission, including the vice-president, appointed pursuant to the second paragraph of section 58.1 of the Charter or from among the members of the personnel of the Commission.
Should the president be absent or unable to act or should the office of president be vacant, the vice-president referred to in the first paragraph shall, ex officio, replace the president temporarily, for the purposes of this section.
The members appointed pursuant to the second paragraph of section 58.1 of the Charter may review any decision made under the second paragraph of this section, except decisions relating to the filing of an application for the disclosure of information made under the second paragraph of section 72.5 or decisions relating to the disclosure of information made under the second paragraph of section 72.6 or under section 72.7.
1981, c. 2, s. 6; 1984, c. 4, s. 10; 1989, c. 53, s. 3; 1994, c. 35, s. 14; 1995, c. 27, s. 12.